Hii all,One of our workman has filed case in labour court.He is represented by advocate.Can the employer object to this as the employee represented by management is not a advocate.First hearing is yet to be held.Just received summons from court.Does section 36 ID Act lay any provisions on this..Can seniors guide....
From India, Mumbai
From India, Mumbai
See its simple follow this :-
1) If Proceeding is before Court of Inquiry and Conciliation Proceeding no legal representative can be appointed.
2) Before labor court, Industrial Tribunal, National Tribunal no legal representative can be appointed unless other party agree to such or court itself allow such representation.
This is under section 36 (3)/(4) read along with case law Co-op Stores Ltd v Industrial Tribunal.
But in many cases court allow this. So present the case carefully.
Appreciate if helpful
From India, Kolkata
1801) If Proceeding is before Court of Inquiry and Conciliation Proceeding no legal representative can be appointed.
2) Before labor court, Industrial Tribunal, National Tribunal no legal representative can be appointed unless other party agree to such or court itself allow such representation.
This is under section 36 (3)/(4) read along with case law Co-op Stores Ltd v Industrial Tribunal.
But in many cases court allow this. So present the case carefully.
Appreciate if helpful
From India, Kolkata
1) If Proceeding is before Court of Inquiry and Conciliation Proceeding no legal representative can be appointed.
2) Before labor court, Industrial Tribunal, National Tribunal no legal representative can be appointed unless other party agree to such or court itself allow such representation.
This is under section 36 (3)/(4) read along with case law Co-op Stores Ltd v Industrial Tribunal.
But in many cases court allow this. So present the case carefully. See this Indian Labour Laws & Shram Suvidha Simplified
Appreciate if helpful
I agree the above
Madan Mohan (Advocate)
9971216078
From India, Delhi
2) Before labor court, Industrial Tribunal, National Tribunal no legal representative can be appointed unless other party agree to such or court itself allow such representation.
This is under section 36 (3)/(4) read along with case law Co-op Stores Ltd v Industrial Tribunal.
But in many cases court allow this. So present the case carefully. See this Indian Labour Laws & Shram Suvidha Simplified
Appreciate if helpful
I agree the above
Madan Mohan (Advocate)
9971216078
From India, Delhi
The Labour Laws supports the workman to engage either a Lawyer or Legal representation on his behalf to appear before Conciliation Officer or the Labour Court. So any counter statement on this matter by the Managegement shall not be acceptable to the court of law. Therefore, the case to be challenged on merits rather than testing the validity of appearance of of an Advocate on the side of workman. regards,
From India, Mumbai
From India, Mumbai
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